Harassment based upon sex, race, national origin, or any other prohibited ground is illegal. Generally, the courts require that prior to bringing a claim for workplace harassment, an employee must first report the offensive conduct to management and give the employer a chance to correct it. Further, the courts generally require a very high level of harassment directly related to sex, race, national origin, or some other protected ground before a suit may be successful.
Workplace defamation, although a difficult claim to sustain, is possible in some circumstances. Generally, employers have what the courts call a “qualified privilege” to criticize an employee’s work or to make negative statements about the employee. Plaintiffs in workplace defamation suits must prove that the statements made or written by the employer were intentionally untrue or made with reckless disregard for their truth.
If your case involves harassment or defamation, please fill out the Harassment Form.
